Do posts or panels mark a boundary?

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Ronin
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Do posts or panels mark a boundary?

Post by Ronin » Mon Jul 30, 2012 7:39 am

Got a slight disagreement with the neighbours over the fence that joins us. Although its really the last of a number of issues which it now seems may actually have been caused by their misunderstanding of our boundary fence design, and where the boundary is.

We moved in a few years before them, the house they are in was vacant pending a probate dispute. The boundary fence is ours so we got agreement from the previous owners representatives to put in a new fence and posts along the side.
Apart from the very last three posts and two panels, the existing posts were replaced on the original straight line by the contractor. I know it is a straight line as beginning of the boundary is marked by a wall and the first post is fixed to it. If you took a plumb line from e end of the wall, to the last three (or even the very last) original posts, it would be straight.
I think everything would have been fine, if we had put in cross braces and feather board fence panels running between the posts.
But our contractor hung 2x6 –ish runners on our side of the posts all the way down and nailed the upright feather boards to that. Effectively 3-4 inches in from the centre. It does look nice being uninterrupted by posts, until you get to those last two panels, where it ends and carries on as ‘normal’ fence panels between the post.
Anyway, next door have planted up to the featherboards, which ‘did not’ bother me (until now), but today they have started making suggestions, that our ‘post’ are illegally on their land, as they have always thought that the panels are the boundary.

So is it panels with its dog leg into our garden, or the actual straight line of posts.

X[Old Panel]X[Old Pane]X_________X_________X_________X_________X_________X_________X________XX[Wall................Wall......................Walll]
(Added to move text..)[.............Feather edge nailed to crossbeams on our side of posts 'X'.................][Wall................Wall......................Walll]


Posts are marked by X and are dead straight line, old panel fencing and wall are from when the house was built.
The outside edge of the last first post XX is level with the outside edge of the wall, as was the original.

To me it’s a silly question, but I thought it best to know where I stand.

Thanks
R

despair
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Re: Do posts or panels mark a boundary?

Post by despair » Mon Jul 30, 2012 8:56 am

Your contractor caused this problem by not installing feather edge correctly

the back of the posts should be bang up tight to the boundary line

hence theres an area of "no mans land" been created which your neighbours are trying to claim

Roblewis
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Re: Do posts or panels mark a boundary?

Post by Roblewis » Mon Jul 30, 2012 11:58 am

Most surveyors will look at the boundary responsibility and take the fence post face on the opposite side to be the boundary line. The real exception is any developer inserted post and wire fence in which case the wire marks the line. Your fencer really ought to have installed some timber into the slots to have avoided this issue. You need to try and sort this out with the neighbour now as friendly as possible or you will have a war on your hands.

Ronin
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Re: Do posts or panels mark a boundary?

Post by Ronin » Mon Jul 30, 2012 3:06 pm

The back
despair wrote:Your contractor caused this problem by not installing feather edge correctly

the back of the posts should be bang up tight to the boundary line

hence theres an area of "no mans land" been created which your neighbours are trying to claim

The backs of the posts are bang up tight to the boundary line. Its just that the feather edge boarding is further into our boundary.

The neighbour has chosen to ignore the last two panels that were put in by the original developers in their argument. The absolute last post actually forms a corner post to the side of the garden behind me, reinforcing the point that the posts are the boundary.


Is it worth me getting some form of survey done now, to assess the border and share a copy with the neigbour.

Im sure I have the contractors quote, which states removal of old fence posts, 'replacement posts on original line' etc..

Ronin
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Re: Do posts or panels mark a boundary?

Post by Ronin » Mon Jul 30, 2012 3:09 pm

Incidently, im not that worried that they are using the no-mans land, (unless there is a time rule around around ownership - In which case I would be) more so that they know its no really theirs and that I dont come back from holiday at some time, to find a brand new fence errected on the feather edge line.

despair
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Re: Do posts or panels mark a boundary?

Post by despair » Mon Jul 30, 2012 3:30 pm

Your neighbours are playing the typical "bullies game" they will believe no one but themselves and try every trick in the book to cause trouble

The back of your posts is the boundary ...............tell them that in writing ................end of subject

Ronin
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Re: Do posts or panels mark a boundary?

Post by Ronin » Tue Jul 31, 2012 11:14 am

Thanks,

I have had a relatively pleasant conversation with the wife on her own, and things are quite candid. But, its not her that seems to be the problem.

'He' is allegedly a solicitor (first id heard of it yesterday), so I thought it best to check, as he was adamant the posts were irrellevant.
I would have had a conversations with him, but you cannot get a word in edgeways between his rants.


I have now taken photos, to prove the existing fence line - just in case.

despair
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Re: Do posts or panels mark a boundary?

Post by despair » Tue Jul 31, 2012 11:19 am

Probably because he still exists in the world of convention where

"good side faces the neighbour"

arborlad
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Re: Do posts or panels mark a boundary?

Post by arborlad » Tue Jul 31, 2012 6:27 pm

Ronin wrote: The boundary fence is ours so we got agreement from the previous owners representatives to put in a new fence and posts along the side.


Thanks
R

Not sure why you needed their agreement, but it is never a bad idea to converse and consult.

Your fence has been built incorrectly. Built correctly, with the posts and rail on your land and the featheredge facing the neighbour, the whole of the fabric of the fence will abut, define and secure your boundary, with no guesswork or ambiguity.

Ronin wrote:Incidently, im not that worried that they are using the no-mans land,.
You should be concerned because it is not no-mans land, it is/was your land.

Ronin wrote:............. I dont come back from holiday at some time, to find a brand new fence erected on the feather edge line.

That's a possibility, but more likely will be patios, raised beds, shed bases, all manner of things which you don't want on your land but with the fence constructed the way it is, you won't be able to prevent.



despair wrote:Probably because he still exists in the world of convention where

"good side faces the neighbour"

The convention of having the secure side facing the neighbour was to ensure that the sort of problems the OP is experiencing, just can't happen. It's only been best practice for a couple or three centuries.
arborlad

smile...it confuses people

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